S.35-B CPC

Kumar Krishan Agarwal Advocate (Querist) 20 October 2009 This query is : Resolved
Dear Sir,

The problem is that the lawyer was ill when the court of hearing was taken place at that time no body was present in court and the court imposed Rs 500 cost on Appellant. THe appellant is poor and can't able to pay this. SO how and what way I'll request to the court to cancel the cost imposed on client. What section and ruling will help in getting application for cancellation of cost.

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Adinath@Avinash Patil (Expert) 21 October 2009
FILE AN APPLICATION U/S 151 OF C.P.C FOR CANCELLATION/MODIFICATION OF COSTS IMPOSED BY COURT, STATING ALL FACTS OF ILLNESS OF ADVOCATE AND UNAVOIDABLE CIRCUMSTANCESS FOR REMAING PRESENT OF PARTY/APPELLANT ALONG WITH MEDICAL CERTIFICATE AND OTHER DOCUMENTS IF ANY,AND PRAY FOR CANCELLATION/MODIFICATION OF COSTS IMPOSED BY COURT.
COURT WILL REDUCE THE COSTS OR CANCEL THE ORDER OF COSTS OR COSTS BE AWARD IN DECREE, IT IS THE DISCREATION POWER OF COURT.

adv. rajeev ( rajoo ) (Expert) 21 October 2009
I agree with Sir Adinath Patil. If court didn't considered the appplication then uou will have to pay the cost if the court has ordered that cost is condition precedent, otherwise such costs will be included in the costs awarded in the decree passed.

PJANARDHANA REDDY (Expert) 21 October 2009
IN CIVIL PROCEEDINGS The court generally consider for the reduction, you need not mention in civil cases just file under 151.